Military Custody and Visitation: Problems and Solutions in the Twenty-First Century

Custody and visitation cases involving military personnel bring a new level of complexity to an area which is already very difficult for judges. Several states have already taken action to provide tailored and specific protections for military families facing visitation and custody disputes. A significant improvement is the publication of the Uniform Deployed Parents Custody and Visitation Act (UDPCVA). This article explores the contents of the UDPCVA and explains how judges can use it to resolve custody and visitation cases involving military parents. It explains the definitions used in it, the rules for delegated visitation rights and communication during deployment, the requirements as to custody jurisdiction, priority calendaring and testimony by telephone or internet. It discusses how the Act covers cases where the terms are written into a settlement and where the parties litigate some or all of the issues. The Act bars courts from using past or future deployments against a servicemember unless there are substantial issues regarding the child’s best interest. Finally it explains how the court can terminate the provisions for military custody and visitation upon the ending of deployment and how the parents can accomplish this by agreement.